Employment

  • June 04, 2021

    Employment Authority: Summer Reading & Unions At Amazon

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with a look at what books are on employment lawyers' summer reading lists, tips for wage and hour attorneys facing weather emergencies and the next chapter in union organizing at Amazon. 

  • June 04, 2021

    Fox Rothschild Snags 3 McDermott Benefits Partners

    Three former McDermott Will & Emery LLP attorneys have joined Fox Rothschild LLP, where they will bring their experience — cultivated independently and as a team — to the firm's New York office as employment and benefits partners, the firm said Friday.

  • June 04, 2021

    Judge Won't Ax Class Claims For Fingerprint Co. In BIPA Row

    An Illinois federal judge on Thursday refused to strike class allegations related to a fingerprint database manager from a suit brought by a trampoline park worker who alleges her and other workers' fingerprints were collected without the proper consent or disclosures required under the state's landmark biometric privacy law.

  • June 04, 2021

    Fox Rothschild Beats Sanctions Over Deadline Extensions

    Fox Rothschild LLP and its clients have defeated a sanctions bid over allegedly duping opposing counsel to extend a motion deadline under the ruse of settlement talks before seeking to dismiss a discrimination suit, as a New Jersey federal judge found they complied with scheduling orders in the matter.

  • June 04, 2021

    10th Circ. Revives Suit Over Stabbing Outside Walmart

    The Tenth Circuit has sent back to court a suit by a Walmart customer alleging the retailer was negligent when he was stabbed while attempting to break up an argument between an employee and her husband, saying the court should have looked at whether an assault was foreseeable, not whether the store could have foreseen a stabbing specifically.

  • June 04, 2021

    Social Services Workers Say Gov't Contractor Owes OT Pay

    A group of social services workers have slapped their employer with a wage dispute in Pennsylvania federal court, arguing that it shorthanded them on overtime pay.

  • June 04, 2021

    Former J&J Exec's Workplace Bias Suit Sent To Mediation

    A former Johnson & Johnson executive's lawsuit claiming she faced workplace bias while the company promoted an inclusive corporate culture has been sent to mediation, according to a notice filed in New Jersey state court.

  • June 04, 2021

    3 More Boston Cops To Plead Guilty In No-Work OT Scam

    Three additional Boston police officers at the department's evidence warehouse will plead guilty to theft charges for collecting overtime pay for hours they didn't work, according to Friday court filings.

  • June 03, 2021

    SEIU At Center Of Safeway Service Provider's Conspiracy Suit

    Safeway's former California-based floor care contractor has accused the grocery chain of conspiring with the Service Employees International Union to replace it with a competitor, according to a suit removed to California federal court on Wednesday.

  • June 03, 2021

    High Court Curbs Reach Of Tool Used To Go After Insiders

    The U.S. Supreme Court's narrowing of the Computer Fraud and Abuse Act on Thursday limits the reach of a law that companies have used to punish rogue insiders, and could prompt Congress to update a computer crime statute passed before the birth of the modern internet.

  • June 03, 2021

    EEOC Says Diner's Female Servers Faced Sexual Harassment

    The U.S. Equal Employment Opportunity Commission has sued a diner in New York federal court on claims that the eatery's owners sexually harassed female workers by touching them without their consent and insulting them repeatedly, creating such a hostile environment that some quit their jobs.

  • June 03, 2021

    $1-A-Day GEO Work Was Real Job, Ex-Detainee Testifies

    An immigrant who worked serving food to fellow ICE detainees while being held at a GEO Group facility testified Thursday that his work wasn't just volunteering, which doesn't fall under minimum-wage protections, and said if he hadn't been getting paid he would simply "read a book."

  • June 03, 2021

    NJ Judge Won't Toss Hertz's Revised $56M Clawback Suit

    A New Jersey federal judge largely allowed Hertz Corp. to move forward Thursday with a lawsuit aimed at clawing back $56 million from its ex-CEO and former general counsel over their alleged breaches of company business standards in the runup to an accounting scandal.

  • June 03, 2021

    SEC's Roisman Offers Ways To Cut ESG Disclosure Costs

    Despite his "reservations" about the U.S. Securities and Exchange Commission developing a more prescriptive environmental, social and governance disclosure framework, Commissioner Elad Roisman on Thursday put his two cents in on how to minimize costs and burdens for firms if the anticipated new rules become a reality.

  • June 03, 2021

    Ex-Steelers Allowed To Join Race-Norming Settlement Talks

    The federal judge in Pennsylvania overseeing the NFL concussion settlement is allowing two former players and their attorneys from Zuckerman Spaeder LLP who alleged the settlement discriminates against Black former players to join court-ordered talks between the NFL and concussion class counsel over race-based norms used in cognitive testing.

  • June 03, 2021

    Medical Pot User's Nixed Job Offer Allowed, Hospital Says

    An Arkansas hospital system on Thursday asked a state court judge to toss a proposed class action filed by a man who was offered a job but had the offer rescinded after a positive marijuana test, saying that the job was "safety sensitive" and that medical pot users are therefore not qualified.

  • June 03, 2021

    Wardman Hotel Unions Say Ch. 11 Sale Plans Ignore Contracts

    Two labor unions representing workers at Washington's bankrupt Wardman Park Hotel objected late Wednesday to the debtor's proposed Chapter 11 sale plans, saying the procedures don't inform potential bidders of their obligations under collective bargaining agreements.

  • June 03, 2021

    Corrupt But 'Candid' Ex-UAW Prez Deserves Break, Feds Say

    Federal prosecutors asked a Michigan judge on Thursday to go easy on former president of the United Auto Workers union Gary Jones when he's sentenced for his part in a conspiracy to embezzle more than $1 million in workers' dues, noting his cooperation helped secure another conviction and an independent monitor for the union.

  • June 03, 2021

    House Dems Urge Review Of COVID Telework Cybersecurity

    Leaders of the U.S. House oversight committee have urged government watchdogs across 10 federal agencies to investigate whether their departments are at a heightened risk for cybersecurity attacks following the pandemic-related shift to teleworking.

  • June 03, 2021

    Univ. May Have 'Rigged' Job For White Candidate, Court Says

    A jury might be able to find that Bridgewater State University "rigged" the hiring process for a Title IX investigator position to favor a less qualified white candidate, the First Circuit said Wednesday in resurrecting a rejected Black job applicant's discrimination suit.

  • June 03, 2021

    Ex-Ill. Lawmaker Says Statutory Pay Cuts Unconstitutional

    A former member of the Illinois House of Representatives is suing the state's comptroller, claiming in Illinois state court that his and other lawmakers' pay was unlawfully reduced under statutes that eliminated annual cost-of-living adjustments and required them to take furlough days.

  • June 03, 2021

    Biden Names Obama DOL Wage Chief For Another Stint

    President Joe Biden has nominated David Weil to head up the U.S. Department of Labor's Wage and Hour Division, reprising the role Weil held during the Obama administration, the White House announced Thursday.

  • June 03, 2021

    Supreme Court Narrows Scope Of Computer Crime Law

    The U.S. Supreme Court on Thursday found that a Georgia police officer did not breach federal computer fraud law by overstepping his authorized access to government records, raising concerns that the U.S. Department of Justice's reading of the statute could criminalize innocuous internet activity.

  • June 02, 2021

    GEO Exploited Detainees To Run Large ICE Site, AG Tells Jury

    Private prison giant GEO Group kept a large U.S. Immigration and Customs Enforcement-contracted immigration holding site running by hiring detainees to cook meals and wash clothes for just $1 per day, a lawyer for the Washington attorney general told jurors at the start of trial on Wednesday.

  • June 02, 2021

    Cannabis Advocates Praise Amazon's Policy Shift On Pot Use

    Marijuana legalization advocates on Wednesday applauded Amazon.com Inc. for its decision to stop screening most employees for cannabis use and for its pledge to support a federal bill to decriminalize the drug nationwide.

Expert Analysis

  • Opinion

    Justices Should Clarify Securities Fraud Loss Causation

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    At its May conference, the U.S. Supreme Court should agree to review BofI Securities Litigation, to clear up a circuit split on how to assess loss causation in securities fraud cases, as shareholder class actions increasingly focus on external events that led to a stock drop, says Lyle Roberts at Shearman & Sterling.

  • How Gov't FCPA Hiring Practices Theory May Pan Out In Court

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    In recent settlements with banks, U.S. authorities have taken the position that providing a job or even an unpaid internship to relatives or friends of foreign officials is a violation of the Foreign Corrupt Practices Act, but it is worth assessing how this theory would fare in individual prosecutions, say attorneys at Debevoise.

  • The Pandemic's Bright Spots For Lawyers Who Are Parents

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    The COVID-19 crisis has allowed lawyers to hone remote advocacy strategies and effectively represent clients with minimal travel — abilities that have benefited working parents and should be utilized long after the pandemic is over, says Chelsea Loughran at Wolf Greenfield.

  • Opinion

    Revise Mansfield Diversity Mandates To Also Benefit Veterans

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    The well-intentioned efforts and salutary purposes of the legal industry's Mansfield Rule diversity metric are tainted by the Diversity Lab initiative's omission of veterans, who are underrepresented at large law firms and entitled to advantageous treatment based on more than 200 years of public policy, says Robert Redmond at McGuireWoods.

  • Opinion

    Leverage The National Interest Waiver To Help US Economy

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    Understanding the intricacies and complexities of the national interest waiver, and positioning this immigration benefit to foreign nationals who are likely to create jobs for U.S. workers in health care, technology and other fields, are integral to post-pandemic economic recovery, says Miatrai Brown at Hayman Woodward.

  • Lessons From Key Expert Testimony In Chauvin Trial

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    During the trial of former Minneapolis police officer Derek Chauvin, pulmonologist Martin Tobin gave a gripping account of the cause of George Floyd’s death, engaging jurors in creative ways and bringing five important lessons for lawyers preparing expert witnesses, say Harlan Prater and Logan Matthews at Lightfoot Franklin.

  • Why The Future Law Firm Model Is Industry-Based Offerings

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    Multidisciplinary, industry-based groups at law firms allow for more holistic legal advice, lead to sustainable client relationships, and are likely to replace practice group monoliths at many firms, say Jennifer Simpson Carr at Furia Rubel, Timothy Corcoran at Corcoran Consulting and Mike Mellor at Pryor Cashman.

  • Enforcement Takeaways From ABA Antitrust Meeting

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    Although many are calling for sweeping changes to antitrust laws, virtual sessions of the American Bar Association's 69th Antitrust Law Spring Meeting reveal that state and federal enforcers are already able to challenge big tech, acquisitions of small, nascent competitors, and wage-fixing and no-poach agreements, say attorneys at Perkins Coie.

  • Thought Leadership's Critical Role In Law Firm Diversity

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    Minority attorneys are often underrepresented in conferences, media interviews and other law firm thought leadership campaigns, which affects their visibility with potential clients and their ability to advance at their firms, says John Hellerman at Hellerman Communications.

  • 9th Circ. Ruling Offers Defendants Hope On Remand Appeals

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    The Ninth Circuit's recent decision in Academy of Country Music v. Continental Casualty comes as welcome news for defendants in many types of litigation because it outlines a possible avenue for appeal when an attempt to remove a case from state court to federal court has resulted in a remand order, say attorneys at Dechert.

  • Opinion

    The Right Approach To Personal Jurisdiction In Class Actions

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    Since the U.S. Supreme Court's 2017 decision in Bristol-Myers Squibb Co. v. Superior Court, three approaches to personal jurisdiction over absent class members have emerged in the lower courts, but only one comports with due process and limitations on procedural devices imposed by the Rules Enabling Act, say David Kouba and Andreas Moffett at Arnold & Porter.

  • Opinion

    It's Time To Modernize Amateurism In College Sports

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    Recent U.S. Supreme Court oral arguments in a case challenging the NCAA’s freedom from antitrust constraints — together with proposed federal legislation and U.S. Golf Association rules favorable to student-athletes — signal a coming, needed sea change in the definition of amateurism in college sports, says Geoffrey Lottenberg at Berger Singerman.

  • What Associates Should Consider Before Switching Practices

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    The current high demand for midlevel associates provides them a rare opportunity to potentially explore new practice areas, but associates should first ask themselves six questions to begin figuring out why a change sounds appealing, says Stephanie Biderman at Major Lindsey.

  • 4 Effective Ways To Prioritize Client Advocacy

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    To truly support a client going through a complicated lawsuit or a painful experience, lawyers must think beyond interpreting legal guidelines and navigating court proceedings, says attorney Scott Corwin.

  • Remote Law Firm Culture Should Prioritize Associate Training

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    Due to the pandemic, the gap between law school and the first day on the job has never been wider, but law firms can leverage training to bridge that intimidating gap and convey the unique value of their culture in a virtual environment, say Melissa Schwind at Ward and Smith, and William Kenney and Jaron Luttich at Element Standard.

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